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DIVISION OF FAMILY HEALTH AND WELLNESS WIC VENDOR HANDBOOK 2019-2021

DIVISION OF FAMILY HEALTH AND WELLNESS WIC VENDOR …Requirements and the Vendor Agreement. As in the past, this handbook is considered part of the current Tennessee WIC Vendor Agreement

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  • DIVISION OFFAMILY HEALTH AND WELLNESS

    WIC VENDOR HANDBOOK2019-2021

  • FORWARD

    This revision of the “Tennessee WIC Vendor Handbook” will be in effect from October 1, 2019

    through September 30, 2021. It contains recent updates to the WIC Food List, Minimum Stock

    Requirements and the Vendor Agreement.

    As in the past, this handbook is considered part of the current Tennessee WIC Vendor Agreement

    between authorized WIC vendors and the Tennessee Department of Health. Vendors are required to

    be in compliance with the policies and procedures presented, else face possible termination of the

    agreement and possible disqualification from the program.

    In accordance with Federal civil rights law and U.S. Department of Agriculture (USDA) civil rights

    regulations and policies, the USDA, its Agencies, offices, and employees, and institutions participating in

    or administering USDA programs are prohibited from discriminating based on race, color, national origin,

    sex, disability, age, or reprisal or retaliation for prior civil rights activity in any program or activity conducted or funded by USDA.

    Persons with disabilities who require alternative means of communication for program information (e.g. Braille, large print, audiotape, American Sign Language, etc.), should contact the Agency (State or local)

    where they applied for benefits. Individuals who are deaf, hard of hearing or have speech disabilities may

    contact USDA through the Federal Relay Service at (800) 877-8339. Additionally, program information may be made available in languages other than English.

    To file a program complaint of discrimination, complete the USDA Program Discrimination Complaint

    Form, (AD-3027) found online at: http://www.ascr.usda.gov/complaint_filing_cust.html, and at any USDA office, or write a letter addressed to USDA and provide in the letter all of the information

    requested in the form. To request a copy of the complaint form, call (866) 632-9992. Submit your

    completed form or letter to USDA by:

    (1) mail: U.S. Department of Agriculture

    Office of the Assistant Secretary for Civil Rights

    1400 Independence Avenue, SW

    Washington, D.C. 20250-9410;

    (2) fax: (202) 690-7442; or

    (3) email: [email protected].

    This institution is an equal opportunity provider.

    Authorization No.: 000000

    No. of Copies: 1,500

    This public document was promulgated at a cost of $ per copy. ??/16

    mailto:[email protected]

  • TABLE OF CONTENTS

    VENDOR INTRODUCTION TO THE WIC PROGRAM------------------------------------------------------ 1

    IMPORTANT TERMS FOR WIC VENDORS-------------------------------------------------------------------- 3

    WIC VENDOR AGREEMENT--------------------------------------------------------------------------------------- 5

    PHARMACY AGREEMENT----------------------------------------------------------------------------------------- 9

    TENNESSEE WIC MINIMUM STOCK REQUIREMENTS-------------------------------------------------- 13

    TENNESSEE WIC FOOD LIST-------------------------------------------------------------------------------------- 19

    TNWIC CARD INFORMATION FOR VENDOR---------------------------------------------------------------- 30

    VENDOR’S TRAINING RESPONSIBILITIES------------------------------------------------------------------- 30

    TNWIC CARD PROCEDURES FOR CASHIERS--------------------------------------------------------------- 31

    NON-PAYMENT OF FOOD INSTRUMENTS AND CASH VALUE VOUCHERS---------------------- 33

    CLAIMS------------------------------------------------------------------------------------------------------------------- 34

    VENDOR SANCTION PROCEDURES---------------------------------------------------------------------------- 32

    ADDITIONAL FACTS REGARDING WIC VENDOR AUTHORIZATION------------------------------ 38

    WHAT IF------------------------------------------------------------------------------------------------------------------ 42

    WIC PROGRAM REGIONAL CONTACTS---------------------------------------------------------------------- 43

    NOTES--------------------------------------------------------------------------------------------------------------------- 44

  • 1

    VENDOR INTRODUCTION TO THE WIC PROGRAM

    WHAT IS THE WIC PROGRAM?

    The Special Supplemental Nutrition Program for Women, Infants and Children, commonly known as the WIC

    Program, is a part of the Food and Nutrition Service of the United States Department of Agriculture. Congress

    allocates the program’s funding and the Department of Health administers the WIC Program throughout

    Tennessee in conjunction with the regional health offices. The local county health departments directly provide

    program benefits to qualified participants.

    WHAT DOES THE WIC PROGRAM DO?

    The WIC Program provides nutrition education and supplemental nutritious foods to eligible pregnant,

    postpartum, and breastfeeding women whose diets may lack important nutrients essential to the development and

    growth of healthy babies. Supplemental nutritious foods are also provided to infants and young children up to age

    five to give the best start for growth and development. Standards for participation in the WIC Program are the

    same for everyone regardless of race, color, national origin, sex, disability, age, or reprisal or retaliation for prior

    civil rights activity in any program or activity conducted or funded by USDA. Program eligibility is determined

    by an assessment of nutritional and/or medical risk and meeting WIC Program residency, identity, and income

    guidelines. WIC Program eligibility does not affect eligibility in the Supplemental Nutrition Assistance Program

    (SNAP) or school feeding programs.

    WHY ARE ONLY SPECIFIC FOODS INCLUDED IN THE WIC FOOD PACKAGES?

    The foods provided by the WIC Program help participants get nutrients they need during important growth

    periods. The WIC Program also encourages mothers to breastfeed their infants. Because the WIC Program is a

    supplemental nutrition program, the prescribed foods provided are not all the foods a pregnant or breastfeeding

    woman, or a child, needs to eat. It does, however, supplement the foods needed to ensure a healthy diet. The

    WIC Program provides some foods from each of the basic food groups and nutrition education to assist

    participants in making good choices for the family.

    The current WIC food packages reflect the major health and nutrition risks faced by WIC’s target population.

    This includes diets lacking in whole grains and fruit and vegetables, mom’s stopping breastfeeding too early and

    an increase in being overweight and obesity. There have also been increases in the ethnic composition of the WIC

    population at both the national and state levels. In Tennessee, this includes the Hispanic, Middle Eastern and

    Asian populations.

  • 2

    HOW DOES THE WIC PROGRAM WORK?

    After a health professional has completed the nutritional/medical assessment, a specific food package is

    prescribed. These prescribed foods can help prevent mental retardation, birth defects and other health problems

    commonly associated with poor nutrition. The following are commonly prescribed types of WIC approved foods

    and their benefits.

    WIC FOOD MAJOR NUTRIENTS FUNCTIONS

    Iron Fortified Formula Iron…………………………… Helps build blood and prevents anemia

    Milk, Cheese, Soy

    Beverage and Tofu

    Calcium………………………. Helps builds strong bones and teeth and improves

    muscle and nerve function Protein………………………... Helps growth and development Vitamin A…………………….. Helps keep eyes and skin healthy

    Vitamins…………………….. Helps body make use of other nutrients and improves

    nervous system functions

    Eggs Protein………………………... Helps growth and development and building muscles

    and blood Iron…………………………… Helps build blood and prevent anemia Vitamin A……………………. Helps keep eyes and skin healthy

    Cereal, particularly whole wheat and whole grain, and other whole grain products such as bread, various grains, tortillas and pasta.

    Iron……………………………

    Fiber…………………………..

    Helps build blood and prevent anemia

    Helps regulate body functions

    B Vitamins…………………… Helps body make use of other nutrients Helps nervous system function Fruit Juice Vitamin C…………………….. Helps prevent body function breakdown, strengthens

    blood vessels, fights infection, and speeds healing

    Fresh Fruits and Vitamins & Minerals………… Helps keep the body healthy

    Vegetables Fiber………………………….. Helps regulate body functions

  • 3

    IMPORTANT TERMS FOR WIC VENDORS

    “Above-50-percent” vendor: A for-profit vendor that receives, or is expected to receive, more than fifty (50)

    percent of their annual food sales revenue from food instruments.

    Administrative review process: How a vendor appeals actions taken against them by the WIC Program.

    Approved foods: Types, brands, sizes and varieties of foods that WIC Program participants can receive.

    Balance Inquiry: Balance of remaining benefits that can be obtained by a printout at the store register, calling the

    phone number listed on the back of the TNWIC card (also known as the IVR) or by logging into an online

    WICConnect account.

    Cardholder: A WIC participant or someone authorized by the participant to use the card on their behalf.

    Cash Value Benefits (CVB): A fixed-dollar amount of benefits assigned so participants may purchase eligible

    fruits and vegetables. This term replaces what is formerly known as Cash Value Vouchers (CVV).

    Civil Money Penalty (CMP): Payment to the WIC Program in lieu of disqualification.

    Claim: The WIC Program may make a claim independent of or in conjunction with a sanction, but not in lieu of a

    sanction.

    Competitive prices: Regular approved foods prices compared to local vendors of similar ownership and sales.

    Disqualification: Ending a vendor’s WIC Program authorization because of fraud, abuse and/or violations.

    Food package: Specific types and amounts of approved foods listed as the benefits.

    Food sales: Total amount of the sales of items eligible for purchase under the SNAP.

    Incentive Items: Food, non-food, cash or services offered free to program participants as incentive to transact

    TNWIC benefits at a particular vendor.

    Integrated: Vendor accepts TNWIC through their Electronic Cash Register (ECR) system without need a separate

    device.

    IVR: A toll-free customer service line offered by Conduent for participants to set and change PIN numbers as

    well as obtain current benefit balances and transaction information.

    Grocery store: Retail store whose primary business is the sale of food.

    Minimum stock requirement: The required quantities of approved foods a grocery must carry.

    Not To Exceed (NTE) Amount: The maximum price that a vendor will be reimbursed for a particular food item.

    Pattern: Act that occurs two (2) or more times. Patterns established by the Tennessee WIC Program may be

    based on more than two (2) occurrences.

    Peer group: Group of vendors of similar ownership and total sales volume located in the same area.

    Pharmacy: Retail establishment licensed by the State of Tennessee to operate as a pharmacy.

  • 4

    Primary Account Number (PAN): The 16-digit number on the front of the TNWIC card.

    Program participant: WIC participant, parent/caretaker of an infant or child participant or a designated proxy.

    Redemption: Process by which correctly transacted TNWIC card transactions are paid. This amount is also

    known as a settlement.

    Reversal: Partially or completely nullify a previous purchase and add benefits back to the TNWIC card.

    Sanction: Disciplinary action given to the vendor for not following the WIC Vendor Agreement requirements.

    Settlement: Payment received for a WIC transaction whether integrated or stand-beside.

    Split-Tender: Cardholder has the option to pay amount over the maximum value of the CVB with another form of

    payment.

    Stand-Beside: Vendor uses a Point of Sale (POS) device that is separate from their existing ECR to process

    TNWIC transactions.

    Staple foods: Variety of unprepared foods carried by grocery stores that represents various food categories.

    Supplemental Nutrition Assistance Program (SNAP): Formerly the Food Stamp Program.

    Transaction: Procedure involving the purchase and payment for approved foods.

    Value Added Reseller (VAR): Business entity selling or leasing integrated cash register systems.

    Vendor: A grocery store or pharmacy authorized to accept TNWIC transactions and provide the approved foods

    allowed for that type of business.

    Violation: Act of non-compliance that occurs or a series of acts that together equate to a violation.

    Void: Cancellation of a previously authorized and completed transaction resulting in a reversal.

    WIC Food List: The current list of approved foods.

    WIC Grocer Price Reports: Forms used to report prices of specific approved foods. There are two versions, one

    to report all items except therapeutic formula and WIC-eligible nutritionals (formally medical food) and one for

    reporting those two categories.

    WIC Vendor Agreement: Standard written agreement specifying the terms and conditions to be a WIC vendor.

  • 5

    TENNESSEE DEPARTMENT OF HEALTH

    DIVISION OF FAMILY HEALTH AND WELLNESS

    WIC VENDOR AGREEMENT

    FOR 2019 - 2021

    TENNESSEE DEPARTMENT OF HEALTH

    and

    ________________________________________________

    (vendor name)

    for

    AUTHORIZATION TO PARTICIPATE IN THE TENNESSEE WIC PROGRAM

    WHEREAS, the Tennessee Department of Health and ___________________________________

    (Vendor Name)

    desire to enter into an agreement beginning on _____________________________________

    (Month, Date, Year)

    relating to participation in the Tennessee WIC Program.

    NOW, THEREFORE, the parties hereby agree as follows:

    I. THE TENNESSEE WIC PROGRAM AGREES:

    (1) to reimburse authorized vendors for TNWIC benefits successfully and properly redeemed according to this

    agreement and the WIC Vendor Handbook;

    (2) to provide annual training and updated materials to at least one representative of the vendor to support their

    proper participation in the WIC Program;

    (3) to supply WIC Program changes to the vendor in writing; and

    (4) to use the same standards for vendor participation in the WIC Program for everyone regardless of race, color,

    national origin, sex, disability, age, or reprisal or retaliation for prior civil rights activity in any program or

    activity conducted or funded by USDA.

    II. THE VENDOR AGREES:

    (1a) to stock sufficient quantities of approved foods which are not all displayed separately from other staple foods and

    as defined by the mandatory minimum stock requirement, as presented in the WIC Vendor Handbook, that are

    within the manufacturer’s product eligibility dates and visibly priced as defined in clause (3a) of this section at

    the time TNWIC benefits are redeemed. When multiple sizes of the same food category are allowed, an attempt

    is to be made to stock at least one product of the maximum allowed size;

    (1b) to purchase infant formula by selecting from a list of wholesalers, distributors, and retailers licensed in the State

    and formula manufacturers registered with the Food and Drug Administration (FDA), as clarified in the WIC

    Vendor Handbook and to provide proof upon request;

    (2a) to provide only approved foods except as pertaining to clause (14a) of this section; presented only by program

    participants; only at the time of the transaction at the vendor’s authorized location, and not to provide cash or

    credit (including rain checks) in exchange for TNWIC benefits and/or cards;

    (2b) to not allow refunds or exchanges for approved foods provided, except exchanges for food items that are

    defective, spoiled, or exceed their sell/use by date and only for the exact same brand, type and size approved

    food item obtained and returned;

    Page 1 of 4

  • 6

    (3a) to charge the WIC Program for approved foods at the current price or less than the current price charged to all

    other customers, except that sales tax shall not be charged for approved foods. Current prices shall be marked on

    the item or shelf or in a clearly visible location;

    (3b) to not charge the WIC Program for approved foods not received by program participants.

    (4) to have prices competitive with and not exceed the average shelf price of other vendors in the same peer group

    and market area by more than fifteen percent (15%);

    (5) to properly complete TNWIC transactions on the vendor’s premises to abide by procedures of the WIC Program

    and WIC Vendor Handbook, in order not to abuse, misuse, or defraud the WIC Program;

    (6) to properly train and inform store employees of the firm’s obligations to the WIC Program, to be accountable for

    the actions of owners, officers, managers, agents, and employees, and to have in place an effective policy and

    program to prevent trafficking, which is the exchange of TNWIC benefits and/or cards for cash, and, in addition,

    the vendor agrees to accept training offered by the WIC Program;

    (7) to allow any authorized WIC Program representative to inspect all program related records on hand at any

    reasonable time and place at the discretion of the WIC Program;

    (8a) to produce, upon request of an authorized WIC Program representative, bills of lading or invoices for a period

    not to exceed the previous ninety (90) days and/or pertinent inventory records used for federal tax reporting

    purposes, as proof of purchase of merchandise represented as being provided to program participants by

    redeemed TNWIC benefits. These records shall be original, on commercially printed invoice and/or receipt

    paper, readable and presented in a logical way;

    (8b) to produce upon request of an authorized WIC Program representative, annual food sales information based on

    sales of all the USDA Supplemental Nutrition Assistance Program (SNAP) eligible foods as clarified in the WIC

    Vendor Handbook;

    (9) to have available the current WIC Food List at all registers, and to post other applicable materials at the request

    of an authorized WIC Program representative;

    (10a) to participate in USDA SNAP and acknowledge that the WIC Program shall disqualify a vendor who has been

    disqualified from USDA SNAP, and there shall be a Civil Money Penalty (CMP) imposed in lieu of

    disqualification due to inadequate participant access when solely determined by the WIC Program; voluntary

    withdrawal from USDA SNAP shall result in termination of the WIC Vendor Agreement;

    (10b) to acknowledge that a CMP imposed by USDA SNAP in lieu of disqualification due to inadequate participant

    access may result in disqualification from the WIC Program;

    (10c) to acknowledge that disqualification from the WIC Program may result in disqualification as a retailer in USDA

    SNAP, and such disqualification may not be subject to administrative or judicial review under USDA SNAP;

    (11a) to acknowledge that the WIC Program shall permanently disqualify a vendor convicted of trafficking in WIC

    benefits or selling firearms, ammunition, explosives, or controlled substances, as defined in section 102 of the

    Controlled Substances Act (21 U.S.C. 802), in exchange for TNWIC benefits and/or cards, and that a vendor

    shall not be entitled to receive any compensation for revenues lost as a result of such violations;

    (11b) to acknowledge that, upon one incidence of investigative finding of trafficking, the WIC Program shall

    disqualify a vendor for trafficking in TNWIC benefits and/or cards or selling firearms, ammunition, explosives,

    or controlled substances, as defined in (11a) above;

    (11c) to acknowledge that, upon one incidence of investigative finding of illegal sales, the WIC Program shall

    disqualify a vendor for conducting illegal sales, which is the exchange of TNWIC benefits and/or cards for

    alcohol, alcoholic beverages, or tobacco products;

    (12) to not charge Program participants or attempt to seek reimbursement from Program participants for TNWIC

    transactions not paid or partially paid by the WIC Program;

    (13) to acknowledge that Program participants may not be discriminated against based on race, color, national origin,

    sex, disability, age, or reprisal or retaliation for prior civil rights activity in any program or activity conducted or

    funded by USDA;

    (14a) to provide suitable hours, visibly posted and adhered to, and environment for participant access, and to offer

    Program participants any courtesies offered other customers, including, but not limited to: bonus cards, cents off

    coupons, multiplying of coupon values, and additional products for free;

    (14b) that vendors deriving more than fifty (50) percent of their annual food revenue from WIC transactions are

    prohibited from offering incentive items to WIC participants and if found violating this provision shall not

    receive payment from the WIC Program, as clarified in the WIC Vendor Handbook;

    Page 2 of 4

  • 7

    (15) to serve as or to designate a responsible contact(s) person for this establishment’s WIC Program procedures and

    to inform the WIC Program of management changes;

    (16) to authorize the Tennessee Department of Revenue to disclose the vendor’s revenue figures, as applicable to the

    collection of sales tax, to the WIC Program for the purpose of administering the WIC Program;

    (17) to grant the WIC Program the right to collect any claims (due to overcharges), as assessed in TNWIC

    transactions due to error, negligence, or fraud;

    (18) to declare that all of the statements in this agreement are true and correct;

    (19) to notify an authorized WIC Program representative of changes of name, location, ownership, management, and

    business structure or ending of operations;

    (20a) to acknowledge that patterns of non-compliance with clauses (2a), (2b), (3a), (3b), and (17) of this section of this

    agreement shall result in disqualification from the WIC Program. (The vendor shall be warned following the

    first act of non-compliance, unless such notification would compromise an investigation or as further clarified in

    the WIC Vendor Handbook);

    (20b) to acknowledge that non-compliance with clauses (1a), (4) through (8b), (12) through (14b) and (18) of this

    section of this agreement may result in disqualification from the WIC Program. (The vendor shall be warned

    following the first act of non-compliance that could result in a pattern of non-compliance, unless such

    notification would compromise an investigation or as further clarified in the WIC Vendor Handbook.);

    (21) to comply with this agreement and federal and state statues, regulations, polices, and procedures governing the

    WIC Program, including changes made during the agreement period;

    (22) to comply with the vendor selection criteria throughout the agreement period, including any changes. Using

    current criteria, the WIC Program may reassess the vendor at any time during the agreement period and terminate

    the agreement if the vendor fails to meet the current criteria; and

    (23) to acknowledge that decisions regarding sanctions resulting from violations of the WIC Program are based on the

    Vendor Sanction Procedures as presented in the WIC Vendor Handbook.

    III. BOTH PARTIES AGREE AS FOLLOWS:

    (1) This agreement shall be terminated, if ownership of the vendor’s business changes, if the WIC Program identifies

    a conflict of interest as defined by applicable state laws, regulations, and policies, between the vendor and any

    WIC Program staff, or may be terminated by either party for negligence, fraud, abuse, violation of the agreement,

    or for any other reason after providing not less than fifteen (15) days advance notice, unless otherwise stated

    within the WIC Vendor Handbook.

    (2) This agreement shall be immediately terminated, if it is determined that the vendor has provided false

    information on the Vendor Application for Authorization to Participate in the Tennessee WIC Program.

    (3) The vendor agreement does not constitute a license or a property interest as clarified in the WIC Vendor

    Handbook.

    (4) A vendor who commits fraud or abuse of the Program is liable to prosecution under applicable Federal, State or

    local laws. Under Section 246.12 of the federal regulations, those who have willfully misapplied, stolen or

    fraudulently obtained WIC Program funds shall be subject to a fine of not more than $25,000 or imprisonment

    for not more than five (5) years or both.

    (5) The WIC Program has the sole right to determine if inadequate participant access exists and impose a Civil

    Money Penalty (CMP) in lieu of disqualification regarding clauses (11a), (11b), (11c), and (20a) of “THE

    VENDOR AGREES” section, except where sanctions are issued for the third or greater time.

    (6) The WIC Program has the sole right to determine if inadequate participant access exists and impose a CMP in

    lieu of disqualification regarding clause (20b) of “THE VENDOR AGREES” section.

    (7) There shall be a CMP imposed in lieu of disqualification regarding clause (11a) of “THE VENDOR AGREES”

    section, when the vendor had an effective policy and program to prevent trafficking at the time of the violation

    and the vendor must also not have been aware of, did not approve of, and were not involved in the conduct of the

    violation.

    (8) The WIC Program shall ensure the vendor the right to request a hearing or administrative review from the State

    on actions they disagree with affecting their ability to participate in the WIC Program, except for expiration of

    this agreement, disqualification as a result of USDA SNAP disqualification, and WIC Program decisions

    regarding participant access.

    Page 3 of 4

  • 8

    (9) The WIC Program shall undertake appropriate monitoring, auditing, and review of the vendor at least once a

    year.

    (10) The WIC Vendor Handbook is part of this agreement and is incorporated by reference.

    (11) This agreement shall be considered amended upon notice from the WIC Program, should federal or state laws or

    regulations require or permit amendments.

    NOW, THEREFORE, I have read and do understand and agree to the above terms and conditions. The undersigned

    represents that he/she is either the sole proprietor of the firm or is legally authorized to enter in this agreement on behalf

    of the ownership of the firm.

    ____________________________________________ ______________________________ __________

    Signature of WIC Vendor or Designee Title Date

    ____________________________________________ ______________________________ __________

    Signature of Regional Office Designee Title Date

    THIS AGREEMENT STARTS ______________________________ AND ENDS SEPTEMBER 30, 2021.

    Date

    ____________________________ _____________________________ __________________________

    Owner Manager WIC Contact Person

    ____________________________ _____________________________ ____________ ____________

    Street Address City State Zip Code

    ____________________________

    Phone Number

    WIC Vendor Number: ______________________

    Page 4 of 4

  • 9

    TENNESSEE DEPARTMENT OF HEALTH

    DIVISION OF FAMILY HEALTH & WELLNESS

    WIC VENDOR AGREEMENT

    FOR PHARMACIES

    FOR 2019 - 2021

    TENNESSEE DEPARTMENT OF HEALTH

    and

    ________________________________________________

    (Pharmacy Name)

    for

    AUTHORIZATION TO PARTICIPATE IN THE TENNESSEE WIC PROGRAM

    WHEREAS, the Tennessee Department of Health and ____________________________________

    (Pharmacy Name)

    desire to enter into an agreement beginning on _____________________________________

    (Month, Date, Year)

    relating to participation in the Tennessee WIC Program.

    NOW, THEREFORE, the parties hereby agree as follows:

    I. THE TENNESSEE WIC PROGRAM AGREES:

    (1) to reimburse authorized pharmacies for TNWIC transactions for therapeutic infant formulas and WIC-eligible

    nutritionals;

    (2) to provide annual training and updated materials to at least one representative of the vendor to support their

    proper participation in the WIC Program;

    (3) to supply WIC Program changes to the vendor in writing; and

    (4) to use the same standards for vendor participation in the WIC Program for everyone regardless of race, color,

    national origin, sex, disability, age, or reprisal or retaliation for prior civil rights activity in any program or

    activity conducted or funded by USDA.

    II. THE PHARMACY AGREES:

    (1) to transact TNWIC benefits for therapeutic infant formulas and WIC-eligible nutritionals that are within the

    manufacturer’s product eligibility dates;

    (2a) to provide only therapeutic infant formulas and WIC-eligible nutritionals except as pertaining to clause (12a) of

    this section; presented only by program participants; only at the time of the transaction at the vendor’s authorized

    location, and not to provide cash or credit (including rain checks) in exchange for TNWIC benefits and/or cards;

    (2b) to not allow refunds or exchanges for therapeutic infant formulas and WIC-eligible nutritionals provided, except

    exchanges for items that are defective, spoiled, or exceed their sell/use by date and only for the exact same brand,

    type and size approved item obtained and returned;

    (3a) to charge the WIC Program for therapeutic infant formulas and WIC-eligible nutritionals at the current price or

    less than the current price charged to all other customers, except that sales tax shall not be charged;

    (3b) to not charge the WIC Program for approved foods not received by program participants;

    Page 1 of 4

  • 10

    (4) to properly complete TNWIC transactions on the vendor’s premises to abide by procedures of the WIC Program

    and WIC Vendor Handbook, in order not to abuse, misuse, or defraud the WIC Program;

    (5) to properly train and inform store employees of the firm’s obligations to the WIC Program, to be accountable for

    the actions of owners, officers, managers, agents, and employees, and to have in place an effective policy and

    program to prevent trafficking, which is the exchange of TNWIC benefits and/or cards for cash, and, in addition,

    the vendor agrees to accept training offered by the WIC Program;

    (6) to allow any authorized WIC Program representative to inspect all program related records on hand at any

    reasonable time and place at the discretion of the WIC Program;

    (7a) to produce, upon request of an authorized WIC Program representative, bills of lading or invoices for a period

    not to exceed the previous ninety (90) days and/or pertinent inventory records used for federal tax reporting

    purposes, as proof of purchase of merchandise represented as being provided to program participants by

    redeemed TNWIC benefits. These records shall be original, on commercially printed invoice and/or receipt

    paper, readable and presented in a logical way;

    (7b) to produce upon request of an authorized WIC Program representative, annual food sales information based on

    sales of all the USDA Supplemental Nutrition Assistance Program (SNAP) eligible foods as clarified in the WIC

    Vendor Handbook or, if requested, the “Self Declaration” for those pharmacies without sales information to

    submit;

    (The following clauses, 8a through 8c are applicable to those pharmacies who are SNAP authorized. Such pharmacies

    must provide the WIC Program their current SNAP authorization number and are subject to the federal requirements

    contained in these clauses.)

    (8a) to participate in USDA SNAP and acknowledge that the WIC Program shall disqualify a vendor who has been

    disqualified from USDA SNAP, and there shall be a Civil Money Penalty (CMP) imposed in lieu of

    disqualification due to inadequate participant access when solely determined by the WIC Program;

    (8b) to acknowledge that a CMP imposed by USDA SNAP in lieu of disqualification due to inadequate participant

    access may result in disqualification from the WIC Program;

    (8c) to acknowledge that disqualification from the WIC Program may result in disqualification as a retailer in USDA

    SNAP, and such disqualification may not be subject to administrative or judicial review under USDA SNAP;

    (9a) to acknowledge that the WIC Program shall permanently disqualify a vendor convicted of trafficking in WIC

    benefits or selling firearms, ammunition, explosives, or controlled substances, as defined in section 102 of the

    Controlled Substances Act (21 U.S.C. 802), in exchange for TNWIC benefits and/or cards, and that a vendor

    shall not be entitled to receive any compensation for revenues lost as a result of such violations;

    (9b) to acknowledge that, upon one incidence of investigative finding of trafficking, the WIC Program shall

    disqualify a vendor for trafficking in TNWIC benefits and/or cards or selling firearms, ammunition, explosives,

    or controlled substances, as defined in (9a) above;

    (9c) to acknowledge that, upon one incidence of investigative finding of illegal sales, the WIC Program shall

    disqualify a vendor for conducting illegal sales, which is the exchange of TNWIC benefits and/or cards for

    alcohol, alcoholic beverages, or tobacco products;

    (10) to not charge Program participants or attempt to seek reimbursement from Program participants for TNWIC

    transactions not paid or partially paid by the WIC Program;

    (11) to acknowledge that Program participants may not be discriminated against based on race, color, national origin,

    sex, disability, age, or reprisal or retaliation for prior civil rights activity in any program or activity conducted or

    funded by USDA;

    (12a) to provide suitable hours, visibly posted and adhered to, and environment for participant access, and to offer

    Program participants any courtesies offered other customers, including, but not limited to: bonus cards, cents off

    coupons, multiplying of coupon values, and additional products for free;

    (12b) that vendors deriving more than fifty (50) percent of their annual food revenue from TNWIC transactions are

    prohibited from offering incentive items to WIC participants and if found violating this provision shall not

    receive payment from the WIC Program, as clarified in the WIC Vendor Handbook;

    (13) to serve as or to designate a responsible contact(s) person for this establishment’s WIC Program procedures and

    to inform the WIC Program of management changes;

    (14) to authorize the Tennessee Department of Revenue to disclose the vendor’s revenue figures, as applicable to the

    collection of sales tax, to the WIC Program for the purpose of administering the WIC Program;

    Page 2 of 4

  • 11

    (15) to grant the WIC Program the right to collect any claims (due to overcharges), as assessed in TNWIC

    transactions due to error, negligence, or fraud;

    (16) to notify an authorized WIC Program representative of changes of name, location, ownership, management, and

    business structure or ending of operations;

    (17a) to acknowledge that patterns of non-compliance with clauses (2a), (2b), (3a), (3b), and (15) of this section of this

    agreement shall result in disqualification from the WIC Program. (The vendor shall be warned following the

    first act of non-compliance, unless such notification would compromise an investigation or as further clarified in

    the WIC Vendor Handbook);

    (17b) to acknowledge that non-compliance with clauses (1), (4) through (7b) and (10) through (12b) of this section of

    this agreement may result in disqualification from the WIC Program. (The vendor shall be warned following the

    first act of non-compliance that could result in a pattern of non-compliance, unless such notification would

    compromise an investigation or as further clarified in the WIC Vendor Handbook.);

    (18) to comply with this agreement and federal and state statues, regulations, polices, and procedures governing the

    WIC Program, including changes made during the agreement period;

    (19) to comply with the vendor selection criteria throughout the agreement period, including any changes. Using

    current criteria, the WIC Program may reassess the vendor at any time during the agreement period and terminate

    the agreement if the vendor fails to meet the current criteria; and

    (20) to acknowledge that decisions regarding sanctions resulting from violations of the WIC Program are based on the

    Vendor Sanction Procedures as presented in the WIC Vendor Handbook.

    III. BOTH PARTIES AGREE AS FOLLOWS:

    (1) This agreement shall be terminated, if ownership of the vendor’s business changes, if the WIC Program identifies

    a conflict of interest as defined by applicable state laws, regulations, and policies, between the vendor and any

    WIC Program staff, or may be terminated by either party for negligence, fraud, abuse, violation of the agreement,

    or for any other reason after providing not less than fifteen (15) days advance notice, unless otherwise stated

    within the WIC Vendor Handbook.

    (2) This agreement shall be immediately terminated, if it is determined that the vendor has provided false

    information on the Vendor Application for Authorization to Participate in the Tennessee WIC Program.

    (3) The vendor agreement does not constitute a license or a property interest as clarified in the WIC Vendor

    Handbook.

    (4) A vendor who commits fraud or abuse of the Program is liable to prosecution under applicable Federal, State or

    local laws. Under Section 246.12 of the federal regulations, those who have willfully misapplied, stolen or

    fraudulently obtained WIC Program funds shall be subject to a fine of not more than $25,000 or imprisonment

    for not more than five (5) years or both.

    (5) The WIC Program has the sole right to determine if inadequate participant access exists and impose a Civil

    Money Penalty (CMP) in lieu of disqualification regarding clauses (9a), (9b), (9c), and (17a) of “THE VENDOR

    AGREES” section, except where sanctions are issued for the third or greater time.

    (6) The WIC Program has the sole right to determine if inadequate participant access exists and impose a CMP in

    lieu of disqualification regarding clause (17b) of “THE VENDOR AGREES” section.

    (7) There shall be a CMP imposed in lieu of disqualification regarding clause (9a) of “THE VENDOR AGREES”

    section, when the vendor had an effective policy and program to prevent trafficking at the time of the violation

    and the vendor must also not have been aware of, did not approve of, and were not involved in the conduct of the

    violation.

    (8) The WIC Program shall ensure the vendor the right to request a hearing or administrative review from the State

    on actions they disagree with affecting their ability to participate in the WIC Program, except for expiration of

    this agreement, disqualification as a result of USDA SNAP disqualification, and WIC Program decisions

    regarding participant access.

    (9) The WIC Program shall undertake appropriate monitoring, auditing, and review of the vendor at least once a

    year.

    (10) The WIC Vendor Handbook is part of this agreement and is incorporated by reference.

    (11) This agreement shall be considered amended upon notice from the WIC Program, should federal or state laws or

    regulations require or permit amendments.

    Page 3 of 4

  • 12

    NOW, THEREFORE, I have read and do understand and agree to the above terms and conditions. The undersigned

    represents that he/she is either the sole proprietor of the firm or is legally authorized to enter in this agreement on behalf

    of the ownership of the firm.

    ____________________________________________ ______________________________ __________

    Signature of WIC Vendor or Designee Title Date

    ____________________________________________ ______________________________ __________

    Signature of Regional Office Designee Title Date

    THIS AGREEMENT STARTS ______________________________ AND ENDS SEPTEMBER 30, 2021.

    Date

    ____________________________ _____________________________ __________________________

    Owner Manager WIC Contact Person

    ____________________________ _____________________________ ____________ ____________

    Street Address City State Zip Code

    ____________________________

    Phone Number

    WIC Vendor Number: ____________________

    Page 4 of 4

  • 13

    TENNESSEE WIC PROGRAM MINIMUM STOCK REQUIREMENTS

    EFFECTIVE OCTOBER 1, 2019 – SEPTEMBER 30, 2021

    GENERAL INFORMATION:

    1.Minimum quantities for all required categories and items must be stocked at all times regardless of the number of WIC

    transactions at any given time. Failure to do so may result in termination of the WIC Vendor Agreement and/or

    disqualification as an authorized WIC vendor. Adjustments to these quantities may be made during the effective period

    upon notification by a WIC Program representative.

    2.Only approved foods within the manufacturer’s product eligibility dates and priced in a clearly visible location will be

    counted towards meeting minimum stock.

    3.When multiple sizes of the same food category are allowed, the vendor is expected to attempt to stock at least one product

    of the maximum allowed size.

    4.There are (3) different minimum stock lists, depending on whether they are a major chain, large independent, small independent,

    etc. Regional Vendor Representatives will notify each vendor applicant or authorized vendor as to which list applies to their

    location.

    5.Remarks in the “Comments” column provide general information for stocking each food category. Refer to the “Tennessee WIC

    Food List” for specifics.

    6.Where it says “Optional,” vendors have the option of carrying the suggested amounts of that category or item. If a vendor

    chooses to stock these items, the minimum stock requirements must be met.

    7.Each list includes the federal requirement that at least one (1) variety of eligible cereal stocked must be a whole grain cereal.

    8.Each list includes minimum stock for Cash Value Benefits (CVBs) to be used for purchasing fruits and vegetables. This

    includes the federal requirement that at least a minimum of two (2) varieties of eligible fruits and two (2) varieties of eligible

    vegetables must be stocked at all times.

  • 14

    TENNESSEE WIC PROGRAM

    MINIMUM STOCK REQUIREMENTS EFFECTIVE

    OCTOBER 1, 2019 – SEPTEMBER 30, 2021

    STOCK LIST ASSIGNMENTS

    Effective June 1, 2018, the three (3) different minimum stock lists are based on WIC sales volume. Vendor stock list groupings

    have been assigned using WIC sales volume during the previous federal fiscal year or average monthly redemptions (whichever is

    available). Vendors have been assigned as follows:

    STOCK LIST ASSIGNMENT FFY WIC SALES ($) AVERAGE MONTHLY WIC SALES ($)

    1. SMALL Less than $50,000 OR

    Less than $4,166

    2. MEDIUM $50,000 – Less than $125,000 $4,166 – Less than $10,417 3. LARGE Greater than or equal to $125,000 Greater than or equal to $10,417

    NOTES:

    A semi-annual review of WIC sales will help to determine if there has been a significant increase or decrease. Such situations will be investigated

    and determined if changes are needed on a case-by-case basis.

    New vendor applicants’ projected sales will be used to determine the appropriate stock list group based on the classifications above. The original

    stock list assignment can be confirmed or changed at the time of the required visit to reassess the decision to authorize that vendor applicant.

  • 15

    FOOD FOR WOMEN AND CHILDREN

    CATEGORY MINIMUM REQUIREMENT COMMENTS

    Large Medium Small

    Fluid Milk 16 gallons with at least 12

    in other than whole or 2%

    12 gallons with at least 9 in

    other than whole or 2%

    8 gallons with at least 4 in

    other than whole or 2%

    May include combination of whole,

    reduced fat (2%), low-fat (1%), non-fat

    (skim) or sweet acidophilus (1%) in

    gallon containers.

    Lactose Reduced

    Milk; Lactose Free

    Milk

    16 quarts or 8 half-gallons

    (cannot be combination of

    size but can be

    combination of “Reduced”

    and “Free”)

    Optional: 8 quarts or 4 half-

    gallons (cannot be

    combination of size but can be

    combination of “Reduced and

    “Free”)

    Optional: 4 quarts or 2

    half-gallons (cannot be

    combination of size but

    can be combination of

    “Reduced and “Free”)

    Eggs 8 dozen Grade A Large 6 dozen Grade A Large 4 dozen Grade A Large White eggs only in cartons of 12.

    Cheese 8 lbs.

    6 lbs.

    4 lbs.

    May include combination of eligible

    varieties or blends thereof in 8 oz. or 16

    oz. packages; Store brand/private label

    only unless only dairy & national

    brands carried.

    Yogurt 6 (32 oz) tubs (must be

    combination of low-fat or

    non-fat and at least 1 of

    these options being whole

    fat)

    5 (32 oz) tubs low-fat or non-

    fat (any additional can be

    whole, low-fat or non-fat)

    Optional: 4 (32 oz) tubs

    or 2 (32 oz) tubs and 2 (4

    oz) 4-pack low-fat or non-

    fat (any additional can be

    whole, low-fat or non-fat)

    Food List states eligible brands.

    Tofu; Evaporated

    Milk

    3 (16 oz) packages of tofu

    or 3 (12 oz) cans of

    evaporated milk or

    combination thereof

    Optional: 2 (16 oz) packages

    of tofu or 2 (12 oz) cans of

    evaporated milk or

    combination thereof

    Optional: 1 (16 oz)

    package of tofu or 1 (12

    oz) can of evaporated

    milk

    Food List states eligible brands of tofu;

    Evaporated milk can be any eligible

    brand.

    Non-fat Dry

    Powdered Milk

    Optional: 3 (9.6 oz)

    packages

    Optional: 2 (9.6 oz) packages Optional: 1 (9.6 oz)

    packages

    The 9.6 oz package is the only eligible

    size. It constitutes to the allowed

    amount of 3 qts.

    Buttermilk 3 quarts low-fat (any

    additional can be whole or

    low-fat)

    Optional: 2 quarts low-fat

    (any additional can be whole

    or low-fat)

    Optional: 1 quart low-fat

    (any additional can be

    whole or low-fat)

    Soy Beverage 12 quarts or 6 half-gallons

    (not in combination)

    Optional: 12 quarts or 6 half-

    gallons (not in combination)

    Optional: 8 quarts or 4

    half-gallons (not in

    combination)

    Food List states eligible brands and

    sizes.

  • 16

    FOOD FOR WOMEN AND CHILDREN

    CATEGORY MINIMUM REQUIREMENT COMMENTS

    Large Medium Small

    Dried Beans/Peas;

    Canned Beans

    4 (1 lb) bags of dried

    beans/peas or 16 (15-16

    oz) cans of canned beans

    3 (1 lb) bags of dried

    beans/peas or 12 (15-16 oz)

    cans of canned beans

    2 (1 lb) bags of dried

    beans/peas or 8 (15-16

    oz) cans of canned beans

    May include cans or packages of mixed beans.

    Juice 12 (11.5-12 oz) frozen

    and/or 12 (48 oz) shelf

    containers or combination

    thereof representing at

    least 3 flavors; 8 (64 oz)

    plastic containers

    representing at least 3

    flavors

    9 (11.5-12 oz) frozen and/or

    9 (48 oz) shelf containers or

    combination thereof

    representing at least 3 flavors ;

    6 (64 oz) plastic containers

    representing at least 2 flavors

    6 (11.5-12 oz) frozen

    and/or 6 (48 oz) shelf

    containers or combination

    thereof representing 2

    flavors and 4 (64 oz)

    plastic containers

    representing at least 2

    flavors

    May include combination of eligible flavors and brands; Calcium fortified juices are eligible; No bottle or carton juice from dairy cases except orange juice.

    Peanut Butter 4 (16 – 18 oz) jars 3 (16 – 18 oz) jars 2 (16 – 18 oz) jars May include combination of creamy

    (smooth) or chunky (crunchy).

    Tuna 12 (5 oz) cans 12 (5 oz) cans 6 (5 oz) cans Light tuna only. May include

    combination of oil or water packed. No

    albacore.

    Salmon; Jack

    Mackerel

    4 (14.75 oz) cans of

    salmon and/or 4 (15 oz)

    cans of jack mackerel or

    combination thereof

    4 (14.75 oz) cans of salmon

    and/or 4 (15 oz) cans of jack

    mackerel or combination

    thereof

    Optional: 2 (14.75 oz)

    cans of salmon or 2 (15

    oz) cans of jack mackerel

    May include salmon with bones or skin.

    Sardines 16 (3.75 oz) cans 8 (3.75 oz) cans Optional: 8 (3.75 oz)

    cans

    May include products in tomato or

    mustard sauce.

    Cereals 12 packages representing

    at least 4 kinds

    10 packages representing

    at least 3 kinds

    6 packages representing

    at least 2 kinds

    May include combination of eligible

    cold and hot cereals. Must include at

    least one (1) eligible whole grain cereal.

    Whole Wheat/

    Whole Grain

    Breads and/or

    Other Whole Grain

    Options

    4 (16 oz) bread, buns,

    and/ or rolls representing

    at least 2 varieties;4 (16

    oz) other grains, tortillas

    or whole wheat macaroni

    (pasta) representing at

    least 2 varieties

    3 (16 oz) bread, buns, and/or

    rolls representing at least 1

    variety; 3 (16 oz) other grains,

    tortillas or whole wheat

    macaroni (pasta) representing

    at least 2 varieties

    2 (16 oz) bread, buns,

    and/or rolls representing

    at least 1 variety; 2 (16

    oz) other grains, tortillas

    or whole wheat macaroni

    (pasta) representing at

    least 1 variety

    Breads include bread, buns and rolls.

    Food List states eligible brands; other

    options include brown rice, bulgur,

    oatmeal, barley, soft corn tortillas,

    whole wheat tortillas or whole grain

    macaroni (pasta). Food List & Cashier

    Card state eligible brands of tortillas

    and macaroni (pasta).

  • 17

    FOOD FOR WOMEN AND CHILDREN

    CATEGORY MINIMUM REQUIREMENT COMMENTS

    Large Medium Small

    Fruits At least 4 varieties At least 3 varieties At least 2 varieties Can combine eligible fresh and

    frozen.

    Vegetables At least 4 varieties;

    Minimum of $40 worth of

    eligible fruits & vegetables

    At least 3 varieties;

    Minimum of $30 worth of

    eligible fruits & vegetables

    At least 2 varieties:

    Minimum of $20 worth of

    eligible fruits & vegetables

    Can combine eligible fresh and

    frozen.

    FOOD FOR INFANTS

    CATEGORY MINIMUM REQUIREMENT COMMENTS

    Large Medium Small

    Concentrate Infant

    Formula:

    Milk and Soy

    Based

    Optional: 20 (13 oz) cans

    of milk based or 20 (13

    oz) cans of soy based

    Optional: 20 (13 oz) cans of

    milk based or 20 (13 oz) cans

    of soy based

    Optional: 20 (13 oz) cans of

    milk based or 20 (13 oz) cans

    of soy based

    WIC standard concentrate formulas:

    Similac Advance (milk based)

    Similac Soy Isomil (soy based)

    Powder

    Infant Formula:

    Milk and Soy

    Based

    Required: 20 (12.4 oz)

    containers of milk based

    and 10 (12.4 oz)

    containers of soy based

    Required: 20 (12.4 oz)

    containers of milk based

    Optional: 10 (12.4 oz)

    containers of soy based

    Required: 10 (12.4 oz.)

    containers of milk based

    Optional: 10 (12.4 oz)

    containers of soy based

    WIC standard powder formulas:

    Similac Advance (milk based)

    Similac Soy Isomil (soy based)

    Similac Total

    Comfort

    Required: 10 (12 oz)

    containers

    Optional: 10 (12 oz)

    containers

    Optional: 10 (12 oz)

    containers

    Available in powder only

    Similac Sensitive Required: 10 (12 oz)

    containers

    Optional: 10 (12 oz)

    containers

    Optional: 10 (12 oz)

    containers

    Minimum is for Powder

    Similac for Spit-

    Up

    Required: 10 (12.3 oz)

    containers

    Optional: 10 (12.3 oz)

    containers

    Optional: 10 (12.3 oz)

    containers

    Minimum is for Powder

    Infant Cereals 12 (8 oz) boxes

    representing at least 3

    kinds

    9 (8 oz) boxes representing at

    least 2 kinds

    6 (8 oz) boxes representing at

    least 1 kind

    May include boxes of mixed grains.

    Food List states eligible brands.

  • 18

    FOOD FOR INFANTS

    CATEGORY MINIMUM REQUIREMENT COMMENTS

    Large Medium Small

    Infant Fruits and

    Infant Vegetables

    128 (4 oz) containers or

    jars representing at least 6

    kinds

    96 (4 oz) containers or jars

    representing at least 6 kinds

    64 (4 oz) containers or jars

    representing at least 4 kinds

    Single or mixed foods. Food List

    states eligible brands. Two-packs are

    allowed.

    Infant Meat 42 (2.5oz) jars

    representing at least 2

    kinds

    21 (2.5 oz) jars representing at

    least 2 kinds

    Optional: 21 (2.5 oz) jars

    representing at least 2 kinds

    Single type or plain meat or poultry

    in gravy or broth. Food List states

    eligible brands.

    7/1/19

  • 19

    TENNESSEE WIC FOOD LIST

    OCTOBER 1, 2019 – SEPTEMBER 30, 2021

    (Current as of July 2, 2019, subject to additional changes prior to October 1, 2019.)

    MILK

    Fluid Milk (Gallon size/any brand) in the following: Low fat (1%)

    Fat-free (skim)

    Sweet Acidophilus (1%)

    ALLOWED WHEN LISTED ON BENEFITS: Reduced fat (2%)

    Whole milk (Ages 12-23 months only)

    Lactose-free milk (Largest available size including quarts or half-gallons)

    Ultra-high temperature milk (UHT)

    Non-fat dry powdered milk

    Buttermilk

    Evaporated milk

    NOT ALLOWED:

    Chocolate milk

    Non-dairy beverages except soy beverage when allowed on benefits

    Organic

    CHEESE

    The following are allowed in 8 or 16 oz packages up to the number of ounces stated on the benefits.

    They must be purchased in store brand/private label only unless store carries only dairy or national

    brands:

    There is one exception to the store brand/private label only policy: Cabot brand in blocks when listed on the

    benefits.

    ALLOWED:

    Block

    Sliced (Includes individually wrapped NOT labeled cheese food, cheese product or imitation cheese) or

    String, Stick, Shredded or Cubed of:

    Mozzarella, Cheddar, Colby, Monterey Jack, Process American (Deluxe), Provolone, Swiss and Muenster

    in 8 or 16 oz. size packages.

    Blended cheeses of any of the above

    Cheeses that are labeled low, free, reduced, less or light in sodium, fat or cholesterol

    NOT ALLOWED:

    Added ingredients or seasonings

    Flavored cheeses such as smoked

    Cheese foods, spreads, or product

    Imitation cheese

    Imported cheese

    Cheese from store delicatessen or cheese shop

    Organic

  • 20

    TOFU

    Allowed when specified on the benefits

    Please Note: Eligible tofu must be calcium-set prepared with calcium salts (e.g. calcium sulfate) but may also

    contain other coagulants (e.g. magnesium chloride).

    ALLOWED:

    Organic

    NOT ALLOWED:

    Added fats, sugars, oils or sodium

    “Seasoned Tofu”

    ONLY THE FOLLOWING PRODUCTS IN 16 OZ. PACKAGES:

    Nasoya: Silken

    Azumaya: Firm, Extra-Firm, Silken

    SOY BEVERAGE

    ALLOWED WHEN SPECIFIED ON THE BENEFITS: Participant must choose between the two and then

    purchase the largest size available

    Flavored or un-flavored

    Refrigerated or non-refrigerated

    Organic products

    ONLY THE FOLLOWING BRANDS AND FLAVORS:

    Pacific Natural - Ultra Soy Original (non-refrigerated)

    8th Continent - Soymilk Original, Soymilk Vanilla in half-gallon (refrigerated)

    Silk - Original in quarts and half-gallon (refrigerated)

    EGGS

    Dozen, Grade A large white eggs

    NOT ALLOWED:

    Brown eggs

    Specialty eggs including those labeled organic

    Dried eggs mix or hard boiled eggs

  • 21

    YOGURT

    NATIONAL BRANDS IN LOW-FAT AND NON-FAT:

    Activia – 4-Pack: Black Cherry, Blackberry/Blueberry Fusion, Blueberry, Cherry/Vanilla Fruit Fusion,

    Coconut/Pineapple, Peach, Peach Lactose Free, Peach/Mango Fruit Fusion, Prune, Strawberry, Vanilla, Vanilla

    Lactose Free

    Chobani – 32 oz Tub: Nonfat Greek Vanilla, Nonfat Plain, Nonfat Strawberry, Peach, Plain; 4-Pack: Strawberry

    Banana, Strawberry

    Dannon – Natural Flavors 32 oz Tub: Low-fat Vanilla, Low-Fat Plain, Non-Fat Plain, Nonfat Strawberry, Nonfat

    Strawberry Banana; Oikos 32 oz Tub: Plain 0%, Vanilla 0%, Triple Zero Vanilla, Fat Free Greek Plain, Nonfat

    Vanilla

    Gogurt – Tubes: 32 oz – Cotton Candy, Frozen, Raspberry, XL Peach, XL Strawberry Simply Gogurt Strawberry,

    Guardians of the Galaxy, Low fat Blueberry, Paw Patrol, Scooby Doo, Sponge Bob; 16 oz – Avengers, Berry

    Strawberry, Cookies N’ Cream, Melon Berry, Ninja Turtle, Sour Patch Kids, Sponge Bob, Strawberry Berry,

    Strawberry Punch, Simply Gogurt Strawberry

    Lala – 32 oz Tub: Low-Fat Mixed Berry, Pina Colada, Mango, Peach, Strawberry-Banana, Strawberry

    Nuestra Cocina – 32 oz Tub: Plain low-fat

    Prairie Farms – 32 oz Tub: Fat Free Greek

    Yoplait – 32 oz Tub: Low-Fat Original Vanilla, Strawberry, Strawberry-Banana, Harvest Peach, Fat Free Original

    Plain, Greek 100 Fat Free Plain, Vanilla; 8-Pack: Finding Dory, Guardians of the Galaxy, Blueberry, Paw Patrol,

    Scooby Doo, Sponge Bob

    STORE BRAND/PRIVATE LABEL IN LOW-FAT AND NON-FAT:

    Best Choice – 32 oz Tub: Greek Nonfat Plain, Low-Fat Strawberry, Low-Fat Vanilla, Plain Nonfat

    Coburn Farms (Save-A-Lot) – 32 oz Tub: Low-Fat Vanilla, Plain, Greek Nonfat, Vanilla Greek Nonfat

    Crowley – 32 oz Tub: Fat Free Vanilla, Low Fat Plain

    Essential Everyday (Supervalu) – 32 oz Tub: Blended Vanilla

    Food Club – 32 oz Tub: Blended Strawberry Low-Fat, Greek Nonfat Plain, Greek Nonfat Strawberry, Blended

    Low-Fat Vanilla, Plain

    Food Lion – Greek Non-Fat Plain, Greek Non-Fat Vanilla, Low-Fat Vanilla; Non-Fat Plain

    Friendly Farms – 32 oz Tub: Plain, Vanilla Greek Nonfat

    Great Value (Walmart) – 32 oz Tub: Low-Fat Vanilla, Strawberry, Strawberry Banana, Peach, Non-Fat Plain,

    Nonfat Vanilla, Nonfat Strawberry, Greek Non-Fat Plain, Greek Non-Fat Vanilla, Greek Non-Fat Strawberry

    Kroger – 32 oz Tub: Low-Fat Plain, Vanilla; Non-Fat Plain, Greek Plain

    Laura Lynn (Ingles) – 32 oz Tub: Greek Vanilla, Low-Fat Peach, Low-Fat Vanilla, Low-Fat Strawberry, Nonfat

    Plain Greek, Nonfat Plain

    Market Pantry – 32 oz Tub: 1% Vanilla, Nonfat Plain

    Morning Fresh Farms – 32 oz Tub: Low-Fat Vanilla; Non-Fat Plain

  • 22

    Simply Balanced – 32 oz Tub: Plain Greek Nonfat, Vanilla Greek

    Taste of Inspirations – 32 oz Tub: Greek Non-Fat Vanilla, Plain

    NATIONAL BRANDS IN WHOLE FAT:

    Dannon – Plain Natural; Oikos Plain 4%,

    Strawberry, Vanilla

    Chobani Greek – Plain 4%

    STORE BRAND/PRIVATE LABEL IN WHOLE

    FAT:

    Food Club – Greek Whole Milk Vanilla

    Food Lion – Greek Whole Milk Plain

    Great Value (Walmart) – Greek Whole Milk

    Karoun Dairies – Plain

    Kroger – Plain, Vanilla

    Tazah - Plain

    FRUITS AND VEGETABLES

    All fruits and vegetables are to be purchased with the fruit and vegetable Cash Value Benefits (CVB) except juices,

    dried beans or peas and canned beans which must be purchased with food benefits.

    ALLOWED:

    Any variety of…

    Fresh whole or cut fruit without added sugars

    Frozen fruits without added sugars, fats, oils, or salt (e.g., sodium)

    Fresh whole or cut vegetables without added sugars, fats, oils, herbs, or spices

    Frozen vegetables without added sugars, fats, oils, breading, herbs, or spices in regular or low sodium

    For frozen fruits and vegetables, the fruit or vegetable must be listed as the first ingredient

    Organic products

    White potatoes, orange yams and sweet potatoes allowed in fresh or frozen

    Broccoli, cauliflower and artichokes

    NOT ALLOWED:

    Edible blossoms or flowers [e.g. squash blossoms]

    Dried fruit or vegetables

    Ketchups or other condiments, pickled vegetables or olives

    Soups

    Fruit leathers or fruit roll-ups

    Bundled packages of herbs or spices

    Vegetable-grain [pasta or rice mixtures], breaded vegetables or creamed or sauced vegetables

    Fruit/nut mixtures, fruit basket, party trays, or fruits or vegetables from salad bars

    Peanuts or other nuts

    Ornamental or decorative fruits or vegetables [e.g. chili peppers on a string, garlic on a string or gourds]

    Foods containing fruits such as blueberry muffins and other baked goods

    Home canned or home preserved fruits and vegetables

    JUICES

    ALLOWED: Juices fortified with calcium

    Juice blends

    Grapefruit juice includes white, ruby red, and pink

    NOT ALLOWED:

    Sweetened juices, fruit drinks, or juice cocktails

    Labeled organic

    Bottle or carton juice from dairy case (except as noted below in 64 oz juice)

    Added spices

  • 23

    48 OZ. CAN OR PLASTIC BOTTLE Grapefruit - Any Brand (if labeled 100% Juice and at least 120% of Daily Requirement of Vitamin C)

    Orange - Any Brand (if labeled 100% Juice and at least 120% of Daily Requirement of Vitamin C)

    Juicy Juice - All Flavors

    Lucky Leaf – Apple

    Northland – Cranberry

    Seneca – Apple

    11.5/12 OZ. FROZEN Grapefruit - Any brand (labeled 100% Juice and at least 120% of Daily Requirement of Vitamin C)

    Orange - Any brand (labeled 100% Juice and at least 120% of Daily Requirement of Vitamin C)

    Dole – Pineapple

    Old Orchard – Apple, Berry Blend, Cranberry Blend, Grape, Pineapple

    Seneca – Apple

    Welch's – Grape, White Grape

    Welch’s White Grape Blends - Cranberry, Raspberry, Peach

    64 OZ. PLASTIC BOTTLE Grapefruit - Any brand (labeled 100% Juice and at least 120% of Daily Requirement of Vitamin C)

    Orange - Any brand (labeled 100% Juice and at least 120% of Daily Requirement of Vitamin C) (includes

    refrigerated Orange Juice in 64 oz)

    Campbell’s Tomato Juice - Regular, Low Sodium

    Juicy Juice - All flavors

    Langer – Apple, Apple/Cranberry, Apple/Grape, Apple/Orange/Pineapple, Harvest Apple Plus, Orange, Pineapple

    w/Vitamin C

    Libby’s – Pineapple

    Lucky Leaf – Apple

    Mott’s – Apple Original, Apple/Cherry, Apple/White Grape

    Northland – Blueberry/Blackberry/Acai, Cranberry, Cranberry/Blackberry, Cranberry/Blueberry, Cranberry/Grape,

    Cranberry/Pomegranate, Cranberry/Raspberry, Pomegranate/Blueberry

    Musselman’s – Apple

    Old Orchard – Apple, Apple/Cherry, Apple/Cranberry, Apple/Kiwi Strawberry, Apple/Raspberry, Berry Blend,

    Black Cherry/Cranberry, Blueberry/Pomegranate, Cranberry/Pomegranate, Cranberry/Raspberry, Grape,

    Kiwi/Strawberry, Orange, Peach/Mango, Pineapple, Pineapple/Orange, White Grape, Wild Cherry

    Seneca - Apple

    V8 100% Vegetable Juice -Regular, Low Sodium, Spicy Hot

    Welch’s – Grape, White Grape, Red Grape, White Grape/Peach, White Grape/Raspberry

    White House – Apple; Natural Apple

    COLD CEREAL (11 oz. minimum package) (Cereal with added pieces such as nuts or clusters is not recommended for children under 3)

    (*) Indicates Whole Grain

    General Mills

    *Cheerios - Regular *Multi-Grain Cheerios

    Dulce de Leche Cheerios

    *Whole Grain Total (Wheat)

    *Wheaties

    Corn Chex

    Rice Chex

    *Wheat Chex

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    *Kix - Regular

    *Honey Kix

    *Berry Berry Kix

    *Fiber One Honey Clusters

    Dora the Explorer

    Kellogg's

    *All-Bran Complete Wheat Flakes Rice Krispies

    Crispix

    Corn Flakes

    Product 19

    Special K Original

    *Mini Wheats – Frosted Original

    *Mini Wheats – Frosted Little Bites

    *Mini Wheats – Unfrosted Bite Size

    Mini Wheats – Frosted Blueberry

    Mini Wheats – Frosted Raisin in the Middle

    Mini Wheats – Frosted Strawberry

    Mini Wheats – Touch of Fruit

    Post *Bran Flakes

    *Grape Nuts Flakes

    *Grape Nuts – Original

    *Alpha Bits

    Honey Bunches of Oats – Honey Roasted

    Honey Bunches of Oats - Almonds

    Honey Bunches of Oats – Cinnamon Bunches

    *Honey Bunches of Oats –Vanilla Bunches

    *Honey Nut Shredded Wheat

    *Great Grains Banana Nut Crunch

    *Whole Grain Almond Crunch

    Quaker

    *Life - Original *Oatmeal Squares – Brown Sugar

    Oatmeal Squares – Cinnamon

    MOM Brands (Malt-O-Meal) Crispy Rice

    *Frosted Mini Spooners

    *Strawberry Cream Mini Spooners

    *Blueberry Mini Spooners

    Oat Blenders with Honey

    Oat Blenders with Honey & Almonds

    SUNBELT BAKERIES *Simple Granola Whole Grain

    STORE BRANDS/PRIVATE LABEL Eligible Varieties (Package Size Must be at Least 11 oz):

    Corn Flakes

    Crisp Rice, Crispy Rice

    *Toasted Oats, Tasteeo’s, Rollin’ Oats

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    Please Note: Food List pamphlet will list specific brands

    HOT CEREAL (11 oz. minimum package)

    (Cereal with added pieces such as nuts or clusters is not recommended for children under 3)

    (*) Indicates Whole Grain

    B & G -- Cream of Wheat Cream of Wheat – Regular in 1 minute (box)

    Cream of Wheat – Regular in 2 ½ minutes (box)

    *Cream of Wheat – Whole Grain in 2 ½ minutes

    Cream of Wheat – Original (1 oz pks)

    Cream of Rice (14 oz box)

    Quaker Oats

    *Instant Oatmeal – Regular (.98 oz pks) Instant Grits – Original

    Instant Grits – Original (1 oz pks)

    Instant Grits – Butter (1 oz pks)

    MOM Brands (Malt-O-Meal) Malt-O-Meal Original Hot Wheat

    Malt-O-Meal Chocolate Hot Wheat

    Malt-O-Meal CoCo Wheats

    PEANUT BUTTER

    16 oz. through 18 oz. Glass or Plastic Jar: (Peanut Butter is not provided for children under the age of 2)

    ALLOWED:

    Creamy {Smooth} or Chunky {Crunchy}

    Can be refrigerated or non-refrigerated

    Salted or unsalted

    Added vitamins

    NOT ALLOWED:

    Reduced fat

    Spreads

    Marshmallows, honey, jelly, chocolate or similar ingredients

    Store ground

    Organic

    DRIED BEANS/PEAS Any type of mature dry beans, peas or lentils in 16 oz. bag: (Available varieties include, but not limited to black beans, black-eyed peas, garbanzo beans {chickpeas}, great

    northern beans, white beans {navy and pea beans}, kidney beans, mature lima beans {butter beans}, fava and mung

    beans, pinto beans, soy beans/edamame, split peas and lentils)

    NOT ALLOWED:

    Seasoning packets Organic

    CANNED BEANS

    Any brand and variety of plain beans in 15-16 oz. cans:

  • 26

    (Also includes garbanzo beans {chick peas}, black-eyed peas, crowder peas, and purple hull peas)

    ALLOWED:

    Products with small amount of added sugar

    Products labeled reduced sodium

    Baked beans allowed when specified on the benefits

    NOT ALLOWED:

    Green peas, green beans, lima beans, snap beans, yellow beans, and wax beans Added meat, sauces, spices, vegetables or fruits

    Soups

    Organic

    CANNED FISH (LIGHT TUNA, SALMON and SARDINES)

    Light Tuna: Any brand in 5 oz. cans

    (No Albacore or Yellowfin tuna)

    Pink or Red Salmon: Any brand in 14.75 oz. cans

    Sardines: Any brand in 3.75 oz. cans

    Mackerel: Any brand jack mackerel in 15 oz. cans

    (No king mackerel)

    For all of the above:

    Added sauces and flavorings, e.g., tomato sauce, mustard, or lemon allowed

    Packaging may include bones or skin

    May be regular or lower in sodium

    Can be oil or water packed

    No smoked products

    None labeled organic

    WHOLE WHEAT BREAD/ WHOLE GRAIN BREAD/

    AND OTHER WHOLE GRAIN PRODUCTS

    Whole Wheat/Whole Grain Bread in 16 oz. Packaging:

    Please Note: Eligible bread products must have whole wheat or whole grain as the primary ingredient by weight.

    Whole wheat products must have “whole wheat flour” and/or “bromated flour” as the only flours listed in the

    ingredients. Whole grain products must be labeled as a “whole grain food with moderate fat content”.

    ALLOWED:

    Seeds

    NOT ALLOWED:

    None can be purchased from in-store bakery

    Sugar-free

    Swirls such as cinnamon or honey

    Added fruit or nuts, e.g., raisins

    Labeled organic

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    ELIGIBLE BRANDS:

    100% Whole Wheat: Bimbo, Bunny, Pepperidge Farm Very Thin Sliced, Roman Meal Sungrain, Sara Lee Classic

    Whole Wheat Bakery Bread, Wonder Soft, Nature’s Own with Honey, Holsum, Healthy Life

    100% Whole Wheat Store Brand/Private Label: Food Lion, Best Choice, Kern’s (Food City), Kroger,

    Grissom’s Mill (Save-A-Lot)

    Stone Ground 100% Whole Wheat: Pepperidge Farm

    Whole Wheat/Whole Grain Buns, and Rolls in 16 oz Packaging:

    Please Note: Eligible buns and rolls must have whole wheat or whole grain as the primary ingredient by weight.

    Whole wheat products must have “whole wheat flour” and/or “bromated flour” as the only flours listed in the

    ingredients. Whole grain products must be labeled as a “whole grain food with moderate fat content”.

    ALLOWED:

    Seeds

    NOT ALLOWED:

    None can be purchased from in-store bakery

    Sugar-free

    Swirls such as cinnamon or honey

    Added fruit or nuts, e.g., raisins

    English muffins or bagels

    Labeled organic

    ELIGIBLE BRANDS:

    100% Whole Wheat Sandwich Buns: Healthy Life Soft Style

    100% Whole Wheat Hamburger Buns: Arnold/Orowheat Select, Sara Lee Soft & Smooth

    100% Whole Wheat Hot Dog Buns: Arnold/Orowheat Select, Healthy Life Soft Style, Sara Lee Soft & Smooth

    Soft Corn and Whole Wheat Tortillas in 16 oz Packaging:

    Please Note: Eligible tortillas must have the wheat or corn as the primary ingredient by weight. Whole wheat

    products must have whole wheat flour as the only flour listed in the ingredients. Corn products must be made from

    whole grain corn or ground masa flour (corn flour) and be labeled as a “whole grain food with moderate fat

    content”.

    ELIGIBLE BRANDS:

    Whole Wheat:

    Chi Chi’s – Whole Wheat Fajita Size

    Mission - 100% Whole Wheat Restaurant Style; Fajita Size, Soft Taco Size

    Ortega – Whole Wheat

    La Banderita - Whole Wheat

    Whole Wheat Store Brand/Private Label:

    Great Value – Whole Wheat

    Kroger - 100% Whole Wheat Soft Taco Size

    Best Choice - 100% Whole Wheat Soft Taco Size

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    Tio Santi Whole Wheat (Save-A-Lot)

    Laura Lynn – Whole Wheat

    Soft Yellow Corn/White Corn:

    Chi Chi’s – White Corn

    Don Pancho – Corn, Whole Wheat

    La Banderita - White Corn, Mission Yellow Corn Extra Thin

    La Burrita – Corn

    Laura Lynn – White Corn

    Corn Store Brand/Private Label:

    Best Choice

    Shurfresh

    100% Whole Wheat Macaroni (Pasta) in 16 oz Packaging:

    Please note: Eligible macaroni (pasta) products must have “whole wheat flour” and/or “whole durum wheat flour” as

    the only flours listed in the ingredients. Other shapes and sizes that meet these requirements (e.g., whole wheat rotini

    and whole wheat penne) are also allowed.

    NOT ALLOWED:

    Added sugar, fats, oils or salt {e.g., sodium}

    ELIGIBLE BRANDS:

    Hodgson Mill – Spaghetti, Angel Hair, Thin Spaghetti, Whole Wheat Spirals, Elbow

    Gia Russa - Angel Hair, Linguine, Penne Rigate, Roman Rigatoni, Rotini, Spaghetti

    Barilla - Spaghetti, Penne, Angel Hair, Elbows, Linguine, Medium Shells, Penne, Rotini, Thin Spaghetti

    Ronzoni Healthy Harvest – Linguine, Penne Rigate, Rotini, Spaghetti, Thin Spaghetti

    STORE BRAND/PRIVATE LABEL:

    Essential Everyday (Supervalu) – Spaghetti, Thin Spaghetti, Macaroni, Penne, Rotini

    Shurfine – 100% Whole Wheat Spaghetti, Penne Rigate

    Great Value – Elbow Macaroni, Linguine, Penne, Rotini, Spaghetti, Thin Spaghetti

    Kroger – Thin Spaghetti, Spaghetti, Rotini, Penne Rigate

    Laura Lynn – Penne, Rotini, Spaghetti

    Other Whole Unprocessed Grains in 16 oz Packaging:

    Any brand of brown rice, bulgur (cracked wheat), oatmeal and whole grain barley without added sugars, fats, oils or

    salt.

    ALLOWED: Can be instant, quick or regular cooking

    NOT ALLOWED:

    Pearled barley

    Organic

    INFANT FORMULA

    The brand of standard infant WIC formula in Tennessee is determined through the state’s competitive bid process.

    The currently available infant formula each participant is to receive will be stated on their benefits.

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    INFANT CEREAL

    The following commercial brands in 8 oz. boxes: Beech-Nut, Gerber and Tippy Toes

    ALLOWED:

    Regular or whole wheat/whole grain

    NOT ALLOWED:

    Added ingredients such as infant formula, milk, fruit or other non-cereal ingredients

    DHA or ARA

    Organic

    STORE BRAND/PRIVATE LABEL:

    Home 360 – Oatmeal, Rice

    Kroger – Oatmeal, Rice

    Parent’s Choice – Oatmeal, Rice

    INFANT FRUITS The following commercial brands of 2nd stage (4 oz) and 3rd Stage (5 oz) products consisting of single or mixed

    ingredients in 4 oz glass jars or plastic containers (twin packs): Beech-Nut, Gerber and Tippy Toes

    NOT ALLOWED:

    Added sugars, starches or sodium

    Added cereal

    Infant food desserts [e.g. fruit cobbler]

    DHA or ARA

    Organic

    INFANT VEGETABLES The following commercial brands of 2nd stage (4 oz) and 3rd Stage (5 oz) products consisting of single or mixed

    ingredients in 4 oz glass jars or plastic containers (twin packs): Beech-Nut, Gerber and Tippy Toes

    NOT ALLOWED:

    Added sugars, starches or sodium

    Added cereal

    Infant food desserts [e.g. fruit cobbler]

    DHA or ARA

    Organic

    INFANT MEAT The following commercial brands of meat or poultry as a single major ingredient, with added broth or gravy in 2.5

    oz. jars: Beech-Nut (1st stage products), Gerber and Tippy Toes (2nd stage products)

    NOT ALLOWED:

    Added sugars or sodium

    Infant food combinations [e.g. meat and vegetables]

    Infant dinners [e.g. spaghetti and meatballs]

    DHA or ARA

    Organic

    (07/02/19)

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    TNWIC CARD

    INFORMATION FOR VENDOR

    • Customer courtesies: Except at “above-50-percent” vendors, the transaction must include promotions available to all customers such as bonus cards, coupons, etc. Additional quantities of food are not to be

    provided unless the transaction involves a customer courtesy available to all customers such as “buy one,

    get one free” or a free item available with the purchase of an approved food. Promotions available only to

    WIC transactions are not allowed. “Double Your Money Back” guarantees for quality and freshness also

    apply to WIC transactions if this promotion is available to all customers. The item in question is to be

    exchanged and a refund given by cash or gift card that equals the original purchase price. Exchanges

    involving TNWIC benefits must be for the original item purchased. Exchanges involving CVBs can

    include other eligible products with the same dollar value if the original item cannot be replaced with good

    quality stock or is not available.

    • Out of State eWIC Cards: Do not accept eWIC cards from another state. Refer the person to the local health department or clinic.

    VENDOR’S TRAINING RESPONSIBILITIES

    • Once a vendor has received their first training by an authorized WIC Program representative and entered into their first WIC Vendor Agreement, it is the vendor’s responsibility to have at least one representative

    of their business receive annual training.

    • The date, time, location, and appropriate representative(s) for this annual training shall be scheduled at the discretion of the authorized WIC Program representative, but at least one alternative date shall be offered.

    • It is the vendor’s responsibility to ensure cashiers and other staff are informed and trained on WIC Program requirements. This may be conducted by an authorized WIC Program representative. Such

    training shall be required if needed for improved compliance with the WIC Vendor Agreement.

    Documentation WIC provided training occurred shall include, but is not limited to, ownership or

    management, or their designee, verifying in writing they have been trained on the policies and procedures

    presented in the WIC Vendor Handbook, WIC Vendor Agreement and associated WIC Food List

    materials. Furthermore, they accept responsibility for ensuring other employees also receive training.

  • 31

    TNWIC CARD PROCEDURES FOR CASHIERS

    The following steps must be performed at the time of the transaction unless otherwise noted:

    • For integrated systems, all items should be rung up. Participant should swipe their TNWIC card as the

    first form of payment. If the participant also has SNAP benefits they would like to redeem, this should be used as the second form of payment. Any remaining balance should be paid using cash, debit, credit, etc.

    • For stand-beside devices, separate the foods to be purchased with TNWIC benefits from any other items.

    Once the WIC purchase has been completed, any remaining items may be rung up in a separate order.

    CLAIMS

    • A request for reimbursement shall be made when a vendor is found to have a pattern of overcharging as the result of a compliance investigation. The investigation will consist of a series of covert compliance

    buys or could be the results of an inventory audit. The pattern can include charging Program participants

    more for approved foods than non-Program participants, charging for approved food not received by

    Program participants, charging for non-approved foods, or charging more than the current shelf price for

    approved foods.

    • Reimbursements are to be made payable to the Tennessee WIC Program.

    • A pattern of overcharging shall result in disqualification.

    • If a WIC vendor does not pay, only partially pays, or fails to timely pay a claim amount, the WIC vendor’s agreement shall be terminated for cause.

  • 32

    VENDOR SANCTION PROCEDURES

    • The Vendor Sanction Procedures are based on the federal regulations in 7 CFR Part 246 for violations of the WIC Vendor Agreement. Except as noted as follows, the WIC Program shall notify a vendor

    in writing when an investigation to determine a vendor’s compliance with their agreement first

    reveals an act of non-compliance. This applies to situations for which a pattern of non-compliance

    must be established in order to sanction a vendor for violating their agreement. This notification shall

    occur before another such act of non-compliance is documented.

    • However, notification is not required if:

    o The WIC Program determines that notifying the vendor would compromise the investigation. o If the violation would involve a vendor’s redemptions exceeding its’ inventories. o If the violation only requires one act of non-compliance before a sanction is to occur. o There is a WIC Program sanction based on a SNAP sanction.

    I. Federally Mandated Vendor Sanctions That Shall be Issued.

    A. Permanent Disqualification:

    1. conviction by a court of competent jurisdiction of trafficking in WIC FIs, CVVs and/or TNWIC cards; or

    2. conviction by a court of competent jurisdiction of selling firearms, ammunition, explosives, or controlled substances, as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802),

    in exchange for WIC FIs, CVVs and/or TNWIC cards.

    B. Six-year Disqualification:

    1. one or more incidences of investigative finding of trafficking in WIC FIs, CVVs and/or TNWIC cards; or

    2. one or more incidences of investigative finding for selling firearms, ammunition, explosives, or controlled substances.

    C. Three-year Disqualification:

    1. one or more incidences of investigative finding of the sale of alcohol, alcoholic beverages or tobacco products in exchange for WIC FIs, CVVs or TNWIC cards;

    2. a pattern of claiming reimbursement for more of a WIC food item than the vendor’s documented inventory shows was on hand for a specific time period;

    3. a pattern of overcharging; 4. a pattern of receiving, transacting and/or redeeming WIC FIs, CVVs and/or TNWIC cards outside

    of authorized channels including a vendor’s location not contracted to accept WIC FIs, CVVs

    and/or TNWIC cards and/or from someone other than the person who signed the WIC FI or CVV

    at the WIC Clinic;

    5. a pattern of charging for WIC foods not provided to the participant at the time of the transaction; or

    6. a pattern of providing credit or non-food items (e.g., paper towels, tissues), in exchange for WIC FIs, CVVs and/or TNWIC benefits (other than alcohol, explosives, or controlled substances,

    which only require one (1) incidence).

    D. One-year Disqualification:

  • 33

    1. a pattern of providing non-WIC foods and/or a quantity of WIC food other than allowed on the WIC food FIs or CVVs/TNWIC benefits;

    2. a pattern of an “above-50-percent” vendor providing prohibited incentive items in accordance with the WIC Program’s policies and procedures.

    • The WIC Program shall not accept the vendor’s voluntary withdrawal as an alternative to disqualification for any violation in this section. Non-renewal of the WIC Vendor Agreement as an alternative to

    disqualification is not allowed.

    • If there are multiple violations requiring federally mandated sanctions described in the sanction notice, the vendor shall be disqualified for the most serious violation. However, if a Civil Money Penalty (CMP) is to

    be imposed in lieu of disqualification, as described below in Section IV, it shall include each of the

    violations up to the limits of $11,000 per single violation and $49,000 maximum for multiple violations.

    These amounts are subject to future increases based on periodic revisions for inflation.

    • When a vendor previously assessed a federally mandated sanction for any of the one, three, or six-year periods is to be sanctioned again for any of these violations, the disqualification period shall be doubled.

    If a CMP is to be imposed, the amount of the CMP shall be doubled up to the maximum amounts

    described in Section IV.

    • When a vendor previously assessed a federally mandated sanction twice for any of these violations commits any one of them for the third time or greater, the disqualification period shall be doubled. A

    CMP shall not be imposed in these situations.

    II. Disqualification Based on SNAP Disqualification or Another State’s WIC Program.

    • When a vendor is disqualified from SNAP or another state’s WIC Program, the WIC Program in Tennessee shall disqualify the vendor for the same length of time, but may start the disqualification at a

    later date. Disqualification from the WIC Program based on a SNAP disqualification shall not be subject

    to administrative or judicial review under the WIC Program. In lieu of disqualification from either SNAP

    or another state’s WIC Program, there shall be a CMP imposed, as described in Section IV.

    • The WIC Program may disqualify a vendor who has been imposed a CMP for participant access hardship in the SNAP or another state’s WIC Program. This disqualification shall be for the same length of time

    the vendor would have been disqualified from